Terms of use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE QUAGLIA STUDENT VOICE SURVEYS (THE "SURVEYS"), YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW, AND YOU MAY NOT USE THE SURVEYS IF YOU DO NOT AGREE TO BE SO BOUND.
1. Our Agreement. These terms of use (this "Agreement") relate to your use of the Surveys. This Agreement constitutes the entire understanding between you and Quaglia Institute for School Voice and Aspirations (QISVA). in relation to the Surveys. We may change, add or remove portions of this Agreement at any time, and if we do so, we will post such changes on the Surveys and the changes will become immediately effective, and your continued use of the Surveys will indicate your acceptance of this Agreement as it is then in effect. Accordingly, you should visit the Term of Use section of the Surveys from time to time to review the then-current and effective terms and conditions because they are legally binding on you.
2. Registration. In order to access the Surveys, you may be required to submit your email address and password upon sign-in.
3. Ownership. It is hereby understood and agreed that QISVA is the owner or licensee of all right, title and interest to the Surveys. You acknowledge and agree that any comments or suggestions that you submitted to QISVA, either online or offline, will become the property of QISVA upon submission by you automatically and without notice. You will not retain any rights of any kind in such comments or suggestions submitted to QISVA including, without limitation, in or in connection with Surveys.
4. Grant of License. QISVA grants to you a non-exclusive, non-transferable and limited license to use the Surveys using the hardware and software required for the Surveys and subject to the terms and conditions of this Agreement.
Subject to the terms of Section 3 above, you grant to QISVA an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, and unrestricted license to use the content submitted by you including, without limitation, your responses and comments in or in connection with Surveys, to use, display, adapt, modify, reproduce, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You and the owner further hereby expressly waive any and all claims relating to such material. You also agree to permit any other user to access, view, store or reproduce the material for that user's personal, non-commercial use.
5. Access. You will have access to the Surveys from the date of registration for the duration of the subscription period purchased.
6. Conditions on Use. As a condition to your use of the Surveys, you agree
that you will obtain any and all parental consents required for
administration of the Surveys.
You also agree that you will not: (i) use the Surveys to infringe the
intellectual property rights of others in any way or violate any other
rights of any third parties; (ii) use the Surveys or make any attempt to
penetrate, modify or manipulate this Surveys or any of QISVA's hardware or
software in order to: invade the privacy of, obtain the identity of, or
obtain any personal information about (including, but not limited to, IP
addresses of) any QISVA account holder or user, or modify, erase or damage
any information contained on the computer of any user connected to the
Surveys; (iii) reverse engineer, disassemble, decompile, aggregate,
disaggregate or obtain unauthorized access to or use of any elements or
portion of the Surveys; (iv) sell, lease, sublicense, distribute, or
otherwise transfer the Surveys (or any portion thereof) to any person,
firm, or entity; or (v) use the Surveys (including any content created by
you) in any other inappropriate, objectionable, harmful or illegal manner
(including, but not limited to, libel, infringement or violation of rights
of publicity, privacy, intellectual property rights, or moral rights, or
the disclosure of confidential information).
You also represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated
by the U.S. Government as a "terrorist supporting" country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted
parties.
7. Use Restrictions. The Surveys may not be copied, republished, uploaded or otherwise distributed. You may not sublicense, transfer, or otherwise make available the Surveys to any third party for commercial purposes or financial gain or use the Surveys in any other media or in any other location. You will keep your password secure from unauthorized use; sign-in only under your own email address and password and not disclose your password to anyone; and you will notify QISVA immediately in writing if you become aware of any of the following: (i) any loss or theft of your password; (ii) any unauthorized use of your password; or (iii) any breach of the terms of this Agreement.
THE SURVEYS ARE PROTECTED BY © COPYRIGHT AND MUST NOT BE USED, DISPLAYED, MODIFIED, ADAPTED, DISTRIBUTED, TRANSMITTED, TRANSFERRED, PUBLISHED OR OTHERWISE REPRODUCED IN WHOLE OR IN PART IN ANY FORM BY ANY MEANS OTHER THAN STRICTLY IN ACCORDANCE WITH THIS AGREEMENT. Without prejudice to any other right or remedy, QISVA reserves the right to withdraw access to the Surveys immediately if it becomes aware of any infringement of the copyright in the Surveys by you and may terminate this Agreement in accordance with Section 13 below.
8. DISCLAIMER. THE SURVEYS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. FURTHER, QISVA MAKES NO WARRANTY OF ANY KIND CONCERNING THE ACCURACY OR SUITABILITY OF THE SURVEYS AND MAY MODIFY THE SURVEYS AT ANY TIME, WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QISVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. FURTHERMORE, QISVA DOES NOT WARRANT THAT THE FUNCTIONS OF THE SURVEYS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SURVEYS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE ACCESSIBLE AT ALL TIMES OR ANY GIVEN TIME. THE EXCLUSIONS SET OUT HEREIN ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. Limitations of Liability. To the maximum extent permitted by applicable law, in no event will QISVA be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of the use or inability to use the Surveys even if QISVA has been advised of the possibility of such damages. In any case, QISVA's entire liability under any provision of this Agreement will in no event exceed the amount of the price paid for your use of the Surveys. Notwithstanding anything herein to the contrary, QISVA shall have no liability for your inability to register or access the Surveys.
10. Indemnity. You agree to indemnify and hold QISVA harmless, and, at QISVA's request, to defend QISVA from and against any claim, demand, cause of action, debt, damage, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Surveys; (ii) your violation of the terms and conditions of this Agreement (including, but not limited to, a violation of Section 6 above); (iii) the infringement by you, or any other person using the Surveys on your behalf or with your authority; or (iv) any other activities of yours accomplished using this Surveys. You agree to cooperate as fully as reasonably required in the defense of any such claim. QISVA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnity shall be in addition to, and not limited by, any other indemnity.
11. Personal Data. Survey owners or their licensees, including your school district, may use aggregate or non-identifying school, administrator, staff, parent, or student data resulting from the Surveys for research and development of products relating to curricula, education and/or school improvement. Please check with their respective privacy policies for more information. QISVA will process any personal data which may be obtained as part of your registration for and use of the Surveys in accordance with its Privacy Policy.
12. Choice of Law and Forum. This Agreement will be interpreted in accordance with the laws of the State of California, U.S.A. without reference to conflicts of laws and without regard to its location of execution or performance. You agree that any and all disputes which may arise will be resolved before a court located in the State of California, U.S.A., to the exclusion of the courts of any other state or country. In the event a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement will continue in full force and effect. Your use of the Surveys may also be subject to local, state, national or international laws.
13. Term and Termination. This Agreement is effective upon registration and shall continue until terminated by you or QISVA. This Agreement will terminate immediately without notice from QISVA if, in the sole discretion of QISVA, you fail to comply with any term, condition, or provision of this Agreement.
14. General. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by QISVA or act as estoppel against later enforcement. You may not assert any claim or cause of action arising out of or relating to your use of the Surveys more than one year after the date such claim or cause of action arose. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Any questions, complaints or claims with respect to the Surveys should be directed to: Quaglia Institute for School Voice & Aspirations, 1292 Milano Circle, Dunedin, FL 34698, or support@quagliainstitute.org
15. Reservation of Rights. All rights not expressly granted herein are reserved by QISVA.
Rev. July 2017